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HomeMy WebLinkAboutCity of Tamarac Resolution R-73-111CITY OF TAMARAC, FLORIDA RESOLUTION NO. 9' k� A RESOLUTION DIRECTING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE THE PURCHASE AND SALE AGREEMENT FOR THE 6000 COMPLEX FROM LEADERSHIP HOUSING WHEREAS, the City Council has heretofore entered into an Agreement with Leadership Housing for the purchase and sale of the 6000 Complex, and WHEREAS, the City Council has noted the overwhelming request and desire of the electorate for the terms of the Agreement to be reduced to a single document prior to the referendum election, and WHEREAS, the City Council is desirous of executing said document and making it available to the citizens of Tamarac prior to the referendum election, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 'CITY OF TAMARAC, FLORIDA: SECTION 1: That the terms of the Agreement attached hex`.,eto as Exhibit (a) and incorporated herein by reference be and they are hereby approved by the City Council of the City of Tamarac. SECTION 2: The Mayor, City Manager and City Clerk are hereby directed to execute said Agreement on behalf of the City of Tamarac. SECTION 3: The City Clerk is hereby directed to make sufficient copies of said Agreement for distribution to all the clubhouses in the City of Tamarac and further to keep copies of said Agreement available at City Hall for the inspection of the public. �y `tip PASSED, ADOPTED AND APPROVED this /`� � day of Ocober 1973. ATTEST: + Mayor City r Record of Council Vote I ESY' ER FY that I have aprR oved h form and correct- ne o t s Resolution Mayor Seltman Vice Mayor Lange Councilman Johnson Councilman Shultz l Acting City Attorney James M. Norman AGREEMENT Agreement made thisl(p day of October, 1973 between LEADERSHIP HOUSING, INC. and TAMARAC DEVELOPMENT COMPANY, hereinafter called "Sellers" and the CITY OF TAMARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter called "City" WITNESSETH: WHEREAS the "Sellers" have heretofore offered to sell the 6000 Complex to the "City" in a series of letter offers and WHEREAS the "City" by resolution has accepted the "Sellers" offer and WHEREAS the parties desire to reduce their agreement to a single document, it is therefore AGREED: 1. That upon the terms and conditions hereinafter stated the "Sellers" agree to sell to the "City" the real property legally described as: A portion of Tract 12, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 10, Township 49 South, Range 41 East, Broward County, Florida, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more par- ticularly described as follows: Commencing at the Southwest corner of said Section 10; thence N-00 00' 56" -W, along the West line of said Section 10, a dis- tance of 1551.18 feet; thence S-890 01' 23" -E, parallel with the South line of said Section 10, a distance of 53.01 feet to the Point of Beginning of this descrip- tion; thence continuing S-89° 01' 2311 --E, a distance of 829.01 feet; thence N-00 00' 56" -W, a distance of 523.23 feet; thence N-0° -W, a distance of 829.01 feet; thence S-00 00' 56" -E, parallel with and 53 feet East of, as measure at right angles to, the West line of said Section 10, a distance of 523.23 feet to the Point of Beginning. LESS that portion of Fort Lauderdale Truck Farms Subdivision of Section 1.0, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Section 10; thence N. 000 00' 56" W., along the West line of said Section 10, a distance of 1551.19 feet; thence S.89001123"E., along the Westerly extension of a line that is parallel with and 120 feet North of, as measured at right angles to, the North line of the MAINLANDS OF TAMARAC LAKES, NINTH SECTION, according to the plat thereof, as recorded in Plat Book 67, Page 48, of the Public Records of Broward County, Florida, a distance of 53.01 feet to a point on the east right-of-way line of University Drive, said point being further described as the Point of Beginning of this description; thence continue S.89*01'23"E., along said line being 120 feet North of and parallel with the North line of THE MAINLANDS OF TAMARAC LAKES, NINTH SECTION, a distance of 420.00 feet; thence N.00°00'56"W., parallel with the West line of said Section 10, a distance of 100.00 feet; thence. N.890 01123"W., a distance of 67.00 feet; thence N.00°00'56"W., parallel with the West line of said Section 10, a distance of 104.00 feet; thence N.89001123"W.,. a distance of 103.00 feet; thence N. 00000'56"W., parallel with the West line of said Section 10 a distance of 10.00 feet; thence N.89°01'23"W., a distance of 250.00 feet; thence S.00°00'56"E., along the East right-of-way line of University Drive, a distance of 214.00 feet to the Point of Beginning. Containing 8.1 acres more or less. Said lands situate, lying and being in Broward County, Florida together with all improvements thereon including but not limited to all presently existing buildings. The said real property is also known as the 6000 Complex and consists of approximately 8 acres. 2. The purchase price shall be $600,000, all cash. 3. "City" agrees to pay all closing costs except costs and expenses of clearing or removing toe; defects. 4. "Sellers" warrant and agree to convey good and marketable and insurable title to all real property and all personalty. -2- 5. This transaction is subject to the follow- ing conditions subsequent: (a) Approval by voters of the City of Tamarac of the referendum scheduled for October 30, 1973. (b) Sale of $1,000,000 in general obliga- tion bonds subject to the terms and conditions set forth in the referendum. In the event that either of these conditions subsequent fails to.occur then in that event this transaction is null and void. In the event that both conditions subsequent do occur, then in that event, "Sellers" agree to close this transaction within ten (10) days of notice by the "City" that it is prepared to close. This transaction shall be closed on or before December 31, 1974. 6. At closing, the "Sellers" shall convey to the "City" by Warranty Deed, fee simple absolute title to the subject real property. In addition, "Sellers" agree to convey title by ball of sale absolute to the main administration building and building 10-10A on or before September 1, 1974. The remaining buildings shall be con- veyed by bill of sale absolute not later than three years from date of closing, or as they are vacated by the "Sellers", whichever is sooner. i. "Sellers" agree that no buildings will be removed from the subject property and will be.in the same condition of repair at time of conveyance as date of this contract, reasonable wear and tear excepted. 8. "Sellers" agree to pay a rental to the "City" from -date of closing through date of vacating of the last building and conveying title thereto to the "City" as follows: $1.00 per year - first year: $1,000 per month for the remainder of the term. 9. It is agreed and understood by the parties that the "Sellers have leased the main building to the -3- Bank of Tamarac, which lease expires September 1, 1974. "Sellers" agree to assign all rentals to the "City" from such lease of the said main building as accrue after the closing of this transaction. 10. The "City" agrees to diligently pursue all allowable tax exemptions. The "Sellers" agree to pay and be responsible for any and all property taxes assessed on the said property for the period between the closing and vacating and conveyance of title to the last building in the complex. 11. Utility and grounds maintenance costs from date of closing through date of vacating of the last building shall be prorated in accordance with the square footage ownerships of the buildings on the subject real property. All maintenance of buildings shall be.the responsibility of the party having title. 12. Except as otherwise specifically provided herein this transaction shall be closed and title conveyed in accordance with customary real estate practice in Broward County, Florida. 13. This agreement sets forth the entire under- standing of the parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the year and day first above written. Witness: LEADERSHIP HOUSING, INC.. B S UEL C. HATHORN VICE PRESIDENT -4- Attest: e gy M. Twichell City Clerk STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD) � i •- 1 • 1 1. a pwlonj i "Mil r e � =� SMVWRL C ! HATHORN VICE PRESIDENT ..ITY OF TAMARAC, a municipal corporation existing under the.. laws of the State of Florida By_,c OSCAR W.O'SELTMAN OMAY07 By R. D. C S ENHOLZ City Manager I hereby certify that on this day before me; an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared SAMUEL C. HATHORN, to me known and known to be the person described in and who executed the foregoing instrument as Vice President of Leadership Housing, Inc. and Tamarac Development Company, and acknowledged before me that he executed the same as such officer in the name and on behalf of said corporations. WITNESS my hand and official seal in the county - and state last aforesaid this 1:26t day of October, NOT �iY PUBLIC My Commission Expires: Notary Public, State of Florida at large My commission Expires Nov. 28, 1916 _. Bonded by Ameritan Fire & Casualty Co. STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD) I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared OSCAR W. SELTMAN, to me known and known to be the person described in and who executed the foregoing instrument as Mayor of the City of Tamarac, a municipal corporation existing under the laws of the State of Florida, and acknowledged before me that he executed the same as such officer in the name and on behalf of said corporation. WITNESS my hand andf ici.al seal in the county and state last aforesao id this day of October, 1973. -NOTARY PUBLI My Commission Expires: Hohly `"" °N*e of Ficw' t.erge This instrument prepared by: James M. Norman, Acting City Attorney 707 S.E. Third Avenue Fort Lauderdale, FloridaQ 1 E- STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD) I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared PEGGY M. TWICHELL, to me known and known to be the person described in and who executed the foregoing instrument as City Clerk of the City of Tamarac, a municipal corporation existing under the laws of the State of Florida, and acknowledged before me that she executed the same as such officer in the name and on behalf of said corporation. WITNESS my hand and official seal in the county and state last aforesaid this day of October, 1973. O ARY PUBLIC My Commission Expires: �ryWq nJ� ^d.J!•i', n.Rr ni1R ry' x I,r •. STATE OF FLORIDA ) ) ss. COUNTY OF B ROWARD ) I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared ROBERT D. CASTENHOLZ, to me known and known to be the person described in and who executed the foregoing instrument as City Manager of theCity of Tamarac, a municipal corporation existing under the laws of the State of Florida, and acknowledged before me that he executed the same as such officer in the name and on behalf of said corporation. WITNESS my hand and official seal in the county and state last aforesaid this /F day of October, 1973. NOT RY PUBLIC My Commission Expires:FOJM �k"' M . a,,